Lismore church, alleged child abuse Father Anderson case, to go ahead

A woman is suing the Lismore Diocese for damages, alleging she was sexually abused as a child by a Lismore priest in the 1960s.

The Catholic Diocese of Lismore has unsuccessfully applied for a NSW Supreme Court case regarding child abuse allegations to be thrown out.

A landmark sexual abuse case against a former priest will go ahead.

It comes as a NSW Supreme Court overruled a Diocese of Lismore application to halt proceedings in the case.

On Friday, NSW Supreme Court Justice Stephen Campbell refused a permanent stay application on behalf of The Trustees of the Roman Catholic Church for the Diocese of Lismore which would have stopped the case regarding alleged sexual abuse perpetrated by Father Clarence “David” Anderson.

The alleged victim, known by the pseudonym GLJ, is seeking damages for personal injury arising from alleged abuse in the 1960s by the then Lismore assistant priest, who has since died.

The woman has alleged the forced sexual intercourse took place in her family home when she was about 14 when Father Anderson was tasked to provide pastoral care to her family.

She had alleged on one of his visits Father Anderson held her down in her bedroom and sexually assaulted her.

In her submissions, the woman said she had an inkling Father Anderson was attracted to her, or “liked her”, because he used to bring her gifts from his parent’s jewellery shop in Murwillumbah.

The case was brought to court on the grounds she claimed the diocese was negligent by breaching a personal duty of care and the diocese was liable for the alleged sexual abuse.

The woman’s solicitor Samuel Alexander Tierney, in his affidavit to the court, alleged complaints against Father Anderson had been made by parents of other children and for a time, he was suspended from office and directed to undertake psychiatric treatment in Sydney.

Current diocese secretary and business manager Gregory Bernard Isaac presented an affidavit to the court, proving that virtually all of the relevant senior persons who could have provided evidence in case have died.

Mr Isaac’s affidavit also stated the Lismore diocese had not received a complaint relating to GLJ’s allegations prior to 2019, and that he was unable to locate any documents regarding Father Anderson’s appointment to assist any family.

Evidence tendered from Sister Rosemary Carroll also said she had not received any information about concerns the Lismore Diocese might have had with Father Anderson.

Issues with the 54-year gap since the alleged sexual assault; questions against the alleged victim’s timeline; and Father Anderson’s limited ability to provide pastoral care as an assistant were all raised by the Diocese’s solicitor.

Ultimately, Justice Campbell refused the application on the basis he was not satisfied the Diocese of Lismore had “discharged the onus of demonstrating on the balance of probabilities that the continuation of the proceedings would be unjustifiably oppressive”.

He added the alleged victim could not be criticised “in the absence of calculated conduct, for failing to bring the claim earlier”.

Given that, the matter was listed for a directions hearing before Justice Peter Garling on October 1.

A spokesperson for the Diocese of Lismore said that unfortunately whilst the matter is still before the court the Diocese is unable to make any comments.